2022 Kentucky Revised Statutes Chapter 217 - Foods, drugs, and poisons 217.186 Definition -- Provider prescribing or dispensing opioid antagonist -- Administration by third party -- Use of opioid antagonist by person or agency authorized to administer medication -- Immunity from liability -- Administrative regulations -- Use of opioid antagonist by schools -- Use of opioid antagonist by licensed health care provider.
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217.186
Definition -- Provider prescribing or dispensing opioid antagonist -Administration by third party -- Use of opioid antagonist by person or agency
authorized to administer medication -- Immunity from liability -Administrative regulations -- Use of opioid antagonist by schools -- Use of
opioid antagonist by licensed health care provider.
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As used in this section, "opioid antagonist" means naloxone or any other United
States Food and Drug Administration-approved drug designed to reverse the effects
of an opioid overdose.
A licensed health-care provider who, acting in good faith, directly or by standing
order, prescribes or dispenses an opioid antagonist to a person or agency who, in the
judgment of the health-care provider, is capable of administering the drug for an
emergency opioid overdose, shall not, as a result of his or her acts or omissions, be
subject to disciplinary or other adverse action under KRS Chapter 311, 311A, 314,
or 315 or any other professional licensing statute. As used in this subsection,
"licensed health-care provider" includes a pharmacist as defined in KRS 315.010
who holds a separate certification issued by the Kentucky Board of Pharmacy
authorizing the initiation of the dispensing of an opioid antagonist under subsection
(6) of this section.
A prescription for an opioid antagonist may include authorization for administration
of the drug to the person for whom it is prescribed by a third party, if the prescribing
instructions indicate the need for the third party, upon administering the drug, to
immediately notify a local public safety answering point of the situation
necessitating the administration.
A person or agency, including a peace officer, jailer, firefighter, paramedic, or
emergency medical technician or a school employee authorized to administer
medication under KRS 156.502, may:
(a) Receive a prescription for an opioid antagonist;
(b) Possess an opioid antagonist pursuant to this subsection and any equipment
needed for its administration;
(c) Administer an opioid antagonist to an individual suffering from an apparent
opioid-related overdose; and
(d) Provide, as part of a harm reduction program, an opioid antagonist to persons
who have been trained on the mechanism and circumstances of its
administration.
A person acting in good faith who provides or administers an opioid antagonist
received under this section shall be immune from criminal and civil liability for the
provision or administration, unless personal injury results from the gross negligence
or willful or wanton misconduct of the person providing or administering the drug.
(a) The Board of Pharmacy, in consultation with the Kentucky Board of Medical
Licensure, shall promulgate administrative regulations to establish
certification, educational, operational, and protocol requirements to
implement this section.
(b) Administrative regulations promulgated under this subsection shall:
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Require that any dispensing under this section be done only in
accordance with a physician-approved protocol and specify the
minimum required components of any such protocol;
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Require education as to the mechanism and circumstances for the
administration of an opioid antagonist for the person to whom an opioid
antagonist is dispensed; and
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Require that a record of the dispensing be made available to a physician
signing a protocol under this subsection, if desired by the physician.
(c) Administrative regulations promulgated under this subsection may include:
1.
A supplemental educational or training component for a pharmacist
seeking certification under this subsection; and
2.
A limitation on the forms of the opioid antagonist and means of its
administration that may be dispensed pursuant to this subsection.
(a) The board of each local public school district and the governing body of each
private and parochial school or school district may permit a school to keep an
opioid antagonist on the premises and regulate the administration of an opioid
antagonist to any individual suffering from an apparent opiate-related
overdose.
(b) In collaboration with local health departments, local health providers, and
local schools and school districts, the Kentucky Department for Public Health
shall develop clinical protocols to address supplies of an opioid antagonist
kept by schools under this section and to advise on the clinical administration
of an opioid antagonist.
Notwithstanding any provision of law to the contrary, a licensed health care
provider, including a pharmacist who is utilizing a protocol established by this
section, may dispense an opioid antagonist to any person or agency who, as part of a
harm reduction program, provides training to the public on the mechanism and
circumstances for the administration of an opioid antagonist, regardless of whom
the ultimate user of the opioid antagonist may be. The documentation of the
dispensing of an opioid antagonist to any person or agency operating a harm
reduction program shall satisfy any general documentation or recording
requirements found in administrative regulations regarding legend drugs
promulgated pursuant to this chapter.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 154, sec. 3, effective July 14, 2022. -- Amended
2019 Ky. Acts ch. 130, sec. 1, effective June 27, 2019. -- Amended 2015 Ky. Acts
ch. 66, sec. 8, effective March 25, 2015. -- Created 2013 Ky. Acts ch. 118, sec. 10,
effective June 25, 2013.
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